( 1 ) THE plaintiffs have filed a suit for perpetual injunction alleging infringement of their registered trade mark and have also prayed for a decree for rendition of accounts of profits against the defendants. Along with this suit, an application under Order 39 Rules 1 and 2 has also been filed for an interim injunction against the defendants, for restraining them from infringing the said mark.

( 2 ) FACTS, relevant for the disposal of the application for injunction, may first be noticed. It is alleged by the plaintiffs that they are the proprietors of the following two registered trade marks :

" (A) Trade mark NATARAJ with the device of Nataraj under No. 260466 dated 6. 11. 1969 claiming user since 22. 2. 196j in respect of pencils, refills for propelling pens and pencils, pen sharp- ners, pens, fountainpeos, eraserspin, clips and stapples included in class 16. (b) Device of Nataraj under No. 283730 dated 27. 10. 1972 in respect of pencils all kinds, erasers, refills for propelling pens and pencils, pencil sharpners, pens, fountain pens, pins, clips, wire stapples for stappling presses and pins. "according to the plaintiffs, the aforesaid. marks were adopted by th